Chapter 1Setting the Scene: TheHistorical, Policy andLegislative Basis of LocalAuthority Children andFamilies Social WorkIntroducing local authority social workThe intention of this introductory chapter is to set the scene for social workpractice in an English local authority. This will provide a brief résumé of therelationship between social policy and social work and the impact childdeaths have had upon legislation concerned with safeguarding children.Learning points The impact of the welfare state upon neglected and abused childrenDifferent trends in practice and their translation into legislationThe impact of child deathsThe cause and effect of the Every Child Matters initiativeBaby Peter and Social Work ReformFirst let us consider how one of the most remarkable characteristics of childwelfare is that the same issues arise again and again. Questions such as01-Spray Jowett 4253 Ch-01.indd 118/10/2011 10:23:04 aM
2Social Work Practice with Children and Families What are parental rights and responsibilities? What rights do children have? Whose rights take precedence?have been answered differently at different times. This is because people’sopinions, beliefs and judgements change. Much of contemporary legislationand social work practice relating to children and families has come about asa consequence of how such questions were answered in the past.For those social workers who choose to work with children and youngpeople in a local authority setting, it is important to have an understandingof the history of children’s social care and the social policy context. Both haveimpacted on the legislative framework and the way the profession hasresponded to some complex issues, such as the rights of parents when inconflict with the needs and rights of children. Lorraine Fox Harding (1997)in her seminal text Perspectives in Child Care Policy characterises the differentvalues that permeate childcare policy at different times as Laissez faire and patriarchy – leaving the family largely free of state interference State paternalism and child protection – legitimising authoritarian state interferenceand minimising the rights of parents Defence of the birth family and parents’ rights – state intervention is legitimate buthas as its focus the preservation of the family unit Children’s rights – child is an independent person with individual rightsFrom Children’s to Social Services Departments(1948–1971)Before the Second World War, child welfare had been the responsibility of thePoor Law Guardians, local education authorities and voluntary organisations.Post-war Britain, however, was a time of economic and social reconstructionthat witnessed the creation of the welfare state. As new state welfare serviceswere established, a whole new set of relationships between the state, the market economy and the family began to emerge (Parton 1999). In this context,and partly in response to the death of Dennis O’Neill in foster care in 1945,the 1948 Children Act established new local authority Children’s Departments.These were designed to provide a service for children in public care deprivedof ‘normal’ family life. During this post-war period the major institutions ofwork and family went largely unchallenged and it was accepted that the roleof the welfare state was to ensure that anyone on the margins of these institutions was helped back into the main body of society (Parton 2006). Over thenext two decades the emphasis within Children’s Departments shifted01-Spray Jowett 4253 Ch-01.indd 218/10/2011 10:23:04 aM
Setting the scene3towards keeping children out of care in the first place or, when not possible,to rehabilitate children back into the care of their natural families.By 1970 it had became apparent that there would be considerable advantages in bringing the different branches of social work together to form onegeneric profession, based on a common training qualification (Stevenson1999).The Seebohm Report (1968) concluded that by redrawing the boundaries between services, more effective family and community services couldbe provided. This led to the establishment of Social Services Departments in1971 and the responsibility for childcare transferred from the Home Secretaryto the Secretary of State for Social Services.The establishment of unified localauthority Social Services Departments heralded a new era for social work asa profession and during the early 1970s personal social services came out ofthe policy debate shadows (Hill 2000).With the family as its focus, the profession confidently sought to deliver a personalised service based on preventativeprinciples.By 1973, however, it was becoming clear that the era described by JockYoung (1999) as the ‘Golden Age’, a period that was both consensual andinclusive, was coming to an end. Two major social changes were becomingevident: globalisation and individualism. Globalisation wrought changes inthe labour market, which became increasingly characterised by stratification,mobility and the presence of women, particularly married women.The poorest and most deprived, with the least flexibility, were left in concentratedpockets of housing. It was these pockets that often had to absorb familiesarriving from other countries, seeking asylum or greater economic security.Hobsbawm (1994) argued that one of the institutions most undermined bythe new emphasis on individualism was the family. As individualism becamemore pronounced the structures that kept men, women and children togetherin families were to some extent dismantled. The family was now seen as constituting individuals and in this context children began to be viewed asautonomous beings with rights and interests distinct from the family unititself (Parton 2006). The scene was being set for a more antagonistic andconflictual relationship between parents and social workers as the interestsand rights of children and their parents were no longer viewed as one and thesame.As the impact of economic instability and recession during the 1970sbegan to be felt, the difficulties in sustaining the welfare state became a central focus of public and political debate. The consensus on which it was basedwas subjected to increasing questioning and criticism. In this context it ishardly surprising that by the mid 1970s this new professional confidence wasseverely dented, as an unremitting series of child death inquiries led toincreasing public disquiet about social work practice.01-Spray Jowett 4253 Ch-01.indd 318/10/2011 10:23:04 aM
4Social Work Practice with Children and FamiliesThe impact of child deaths and the ClevelandAffair (1973–1987)The death of Maria Colwell in 1973 at the hands of her stepfather, togetherwith the growing evidence that children were spending longer in care as theywaited for reunification plans to take effect (Rowe and Lambert 1973), led tothe 1975 Children Act and to the 1976 Adoption Act. This effected a shiftaway from parental rights towards the welfare of children (Daniel and Ivatts1998) and introduced a new emphasis on fostering and adoption. The 1975Act also made provision for an independent social worker to ensure the bestinterests of the child within court proceedings and thus established the newprofessional role of guardian ad item, now called the child’s Guardian. Thepublic inquiry into Maria’s death published in September 1974 concludedthat, although individuals had made mistakes, it was ultimately the system thathad failed her. This led to the introduction of a new child abuse managementsystem intended to ensure that all professionals involved in supporting children were familiar with signs of child abuse and that mechanisms were established for inter-agency communication and coordination (Parton 2006).Parton and Thomas (1983) noted how, after the Maria Colwell Inquiry, socialwork practice was no longer seen as a private activity between social workerand client but as a legitimate arena for public scrutiny. Here the media took ona key role in raising issues previously mostly hidden from public view. Criticismof the nature of social work interventions reached new heights during the1980s, with a succession of child abuse inquiries.The most well known of theseare the inquiries concerning Jasmine Beckford (London Borough of Brent1985), Kimberley Carlisle (London Borough of Greenwich 1987) and TyraHenry (London Borough of Lambeth 1987). The emphases in the recommendations of the 30-plus inquiries published between 1973 and 1987 was onsocial workers using their legal powers more effectively to protect children, onimproving their knowledge of the indicators of abuse and on the need toimprove collaborative processes between all professionals involved with children(DHSS 1982; DH 1991b). The concept of ‘child abuse’ was defined, redefinedand then enshrined in government guidance during the 1970s. By the 1980s itincluded physical, emotional, sexual abuse and neglect, focusing not just on veryyoung children but on all children and young people up to 18 years of age(Working Together under the Children Act 1989, DH and the Home Office 1991).The events in Cleveland in 1987 introduced a new dimension into thecontroversy surrounding the work of social workers with children and theirfamilies. This focused on the removal of more than 100 children from theirfamilies by social workers, subsequent to a diagnosis of sexual abuse by twopaediatricians, based in a hospital in Middlesborough. For the first time the01-Spray Jowett 4253 Ch-01.indd 418/10/2011 10:23:04 aM
Setting the scene5issue of abuse publicly impacted upon middle-class families, and disadvantaged and poor families could no longer be seen as the sole source of childabuse. However, the Cleveland Affair also appeared to demonstrate the failureof both social workers and paediatricians to protect the rights of parents, aswell as the use of draconian powers to remove children prematurely fromtheir families. Social workers were now routinely represented in the media aseither ‘fools and wimps’ or ‘villains and bullies’ (Franklin and Parton 1991).Social workers now seemed to represent all that was wrong with post-warwelfarism. It was not therefore surprising that the third term of MargaretThatcher’s Conservative administration, which was centrally concerned withreforming welfare provision, turned its attention to reforming legislationpertaining to the welfare of children.The Children Act 1989Though the Children Act 1989 can be seen as the culmination of a period ofcontroversy both about welfare policy and the role of social workers in thelives of children, drawn up at a time of ‘New Right’ dominance (Packmanand Jordan 1991), it was in fact a further piece of consensus legislation.The Act was informed not just by child abuse public inquiries, but by research anda series of respected official reports during the 1980s, particularly the Short Report(Social Services Committee, 1984) and the Review of Child Care Law (DHSS,1985) and was subject to careful civil service drafting and management andexhaustive consultation with a wide range of professional groups and interestedparties. (Parton 1999: 15)Those responsible for drawing up this Act were seeking not only to get thebalance right between the families’ right for privacy and autonomy but alsobetween the responsibilities of all the agencies involved in supportingchildren and how they exercised those responsibilities.The Act therefore had three primary aims. First, it set about forging a new setof balances between children, parents and the state. It introduced the conceptsof parental responsibilities and working in partnership and gave a new emphasisto the views of the child. Secondly, it sought to unify public and private lawrelating to children. Thirdly, it aimed to bring together all services relating tochildren, including children with disabilities.This act also broadened the conceptof prevention, from simply preventing children from entering public care, to oneof preventing family breakdown through the duty to provide services whenevera child was deemed to be in need. Further information about some its keyprovisions can be found in the Legislation Glossary at the end of the book.01-Spray Jowett 4253 Ch-01.indd 518/10/2011 10:23:04 aM
6Social Work Practice with Children and FamiliesProblematically, the Act was implemented in 1991 in an economically,socially and politically hostile climate. The combination of Conservative government reforms in relation to health, housing, social security, education andcommunity care and the impact of recession had a particular impact uponchildren. In 1979 1.4 million (10%) children lived in poverty. By 1993 thishad increased to 4.3 million children (one-third) (DSS 1995). This was anincrease far greater than the population as a whole.During the early 1990s a number of other trends can be identified. Socialwork managers, as opposed to practitioners, became the brokers between thepurchaser/provider relationship engendered by the Community Care legislation. The combination of both the Community Care Act 1990 and theChildren Act 1989 resulted in the generic social worker increasingly beingreplaced by the specialist social worker. Moreover social workers workingwith children became almost exclusively involved in child protection and themanagement of risk.The impact of institutional abuseIn 1997, Tony Blair’s ‘New Labour’ Party swept the Conservatives out ofpower after 18 consecutive years of rule. Two months later Sir WilliamUtting’s Report A Review of the Safeguards for Children Living Away from Homecommissioned following a series of scandals relating to the abuse of childrenin residential care, was published. Concern now began to focus on abuse thattook place outside of the family and the need to protect society from ‘thepaedophile’ became a source of increasing public anxiety and media attention.Utting’s report, together with other publications such as the 1998 SocialServices Inspectorate Report Someone Else’s Children (Hoare et al. 1998) andNorman Warner’s report Choosing with Care (1992), were hugely influentialin formulating the new government’s reform agenda for child welfare, asoutlined in Modernising Social Services (DH 1998). This outlined the government’s strategy for strengthening child protection systems, improving thequality of services and improving the life chances of children in need andlooked after children. This led to the Quality Protects initiative, implementedin 2000, a five-year programme designed to transform the management anddelivery of children’s social services. Ronald Waterhouse’s report: Lost in Care,Report of the Tribunal of Inquiry into the Abuse of Children in Core in the FormerCounty Council Areas of Gwynedd and Clwyd Since 1974 was published in 2000and this informed the Care Standards Act 2000 which sought to reform theregulatory system for care services for vulnerable adults and children inEngland and Wales. In 2002 and 2003, National Minimum Standards wereissued with regards to fostering, adoptive, and residential provision as well as01-Spray Jowett 4253 Ch-01.indd 618/10/2011 10:23:04 aM
Setting the scene7to child minding, day care provision and boarding schools. All such providershad to register with either the National Care Standards Commission or theNational Assembly for Wales and were subject to a new inspection regime.At the same time the government introduced its Best Value PerformanceManagement Framework, which set targets for all local authority services relatingto quality and efficiency of services, and a new performance-focused regimefor all social services departments was born.The emphasis was now on achieving performance targets, inspection and league tables. This shift towards managerialism and the manager’s right to manage was the means by which theLabour government sought to achieve value for money and accountabilityboth to the taxpayer and to the service user. However within children’s socialcare it also served to force managers to become preoccupied with meetingperformance targets and with inspection preparation. Decision making aboutchildren became a managerial function rather than something that should bebased on the professional judgement of the social worker (Munro 2010).Refocusing social workDuring the 1990s considerable evidence had amassed that demonstrated thatlocal authority social services were failing to develop family support services asenvisioned by the Children Act 1989 (Aldgate and Tunstill 1995). An AuditCommission Report (1994) and a Department of Health publication calledMessages from Research (1995) led to a major debate about the balance and relationship between child protection and family support. The view that prevailedconcluded that, unless children’s needs were assessed holistically, then intrusivelyfocused social work investigative processes could only produce poor outcomes.Its proponents sought to eliminate the divide between protection and prevention and concluded that both were essential aims at every level of intervention.When New Labour came to power, the government sought not only to rebalance child protection and family support but to encourage all agencies involvedin supporting children to develop accessible preventative services (Parton 2006).The role of early years provision was seen as particularly important in deliveringthis agenda. The government view was made clear in their Green PaperSupporting Families: A Consultation Document (Home Office 1998). Ensuring children, particularly poor children, were better supported by both supporting andpenalising parents to make them parent more effectively was to be a key strategyin combating youth crime (Maclean 2002). For the Labour government it wasalso a key strategy in another policy priority, combating social exclusion.At the same time as the government was issuing its revised child protectionguidance Working Together to Safeguard Children (DH 1999), it was also setting upa pilot study to assess the development of a multi-agency approach to assessment.01-Spray Jowett 4253 Ch-01.indd 718/10/2011 10:23:04 aM
8Social Work Practice with Children and FamiliesThis led to the Framework for the Assessment of Children in Need and Their Families(Assessment Framework), which was implemented in 2001. This now frames allassessments of children and their families undertaken by local authority socialworkers. It is also the basis of the Common Assessment Framework (CAF) introduced in 2005 to assist other professionals involved in supporting children identify and assess children with additional needs. Together with the Looking AfterChildren materials implemented in 1995, the Assessment Framework forms thebasis of the Integrated Childrens System (ICS), which was implemented during2007. These will be discussed in more detail in Chapters 3 and 4.The Labour government also brought in a whole swathe of legislation toframe how personal social services are delivered to children and their familiesand to promote the safeguarding of children. A brief description of the mostsignificant can also be found in the Legislation Glossary.The death of Victoria Climbié (2000) and Every ChildMatters (2003)Outcomes of inquiries into child deaths continued to impact upon socialpolicy and guidance, notably Rikki Neave (Cambridge 1995), Lauren Wright(Norfolk 2000) and Ainlee Walker (Newham 2002). In 2002 the Joint ChiefInspectors Review Report was published. This found that whilst all agenciesaccepted their responsibilities in relation to child protection, this was not alwaysreflected in practice. Agencies were not always willing to support or fund thework of Area Child Protection Committees. These were non-statutory partnerships that brought together agencies involved in child protection work toclarify roles and responsibilities, agree inter-agency protocols and oversee Part8: Reviews of Child Deaths, as outlined by Working Together (DH 1999).Difficulties in recruiting and retaining professionals required to work in childprotection were also reducing the effectiveness of procedures in place to safeguard children. This report, together with the report of the Inquiry by LordLaming (2003), into the prolonged abuse and subsequent death of VictoriaClimbié (London Borough of Haringey 2002), at the hands of her great auntand her great aunt’s partner, was to lead to profound changes in the arrangements for children’s social services and, in effect, to herald the demise of theentity known as the Social Services Department:The death of Victoria Climbié exposed shameful failings in our ability to protectthe most vulnerable children. On twelve occasions, over ten months, chances tosave Victoria’s life were not taken. Social services, the police and the NHS failed,as Lord Laming’s report into Victoria’s death made clear, to do the most basicthings well to protect her. (DfES 2003: 5)01-Spray Jowett 4253 Ch-01.indd 818/10/2011 10:23:05 aM
Setting the scene9The immediate impact of the Laming Inquiry Report was the decision to movethe responsibility for children’s social services, family policy, teenage pregnancy,family law and the Children and Family Court Advisory Service (CAFCASS)from the Minister for Health to the Minister for Education and Skills (DfES).This brought the responsibility for all policy and legislative changes relating tochildren and young peoples under the jurisdiction of one ministry.This was withthe notable exception of youth crime, which remained with the Home Office.The longer-term and infinitely more profound impact was felt with thepublication of the government Green Paper Every Child Matters in 2003 (HMTreasury 2003). This announced the government’s intention to draw up newlegislation that would address the concern raised by Lord Laming thataccountability and safe management practice were still not a priority for theagencies involved with safeguarding the needs of children: ‘The principal failureto protect her [Victoria] was the result of widespread organisational malaise’ (LamingReport 2003: para. 1.21; emphasis added).The Green Paper sets out five outcomes, which all services for childrenshould work towards achieving. These are represented in the Table 1.1.Table 1.1 The five outcomes of Every Child MattersOutcomeWhat it meansBe healthyBeing physically, mentally, emotionally and sexually healthy andhaving a healthy lifestyleParents, carers and families promote healthy choicesStay safeSafe from maltreatment, neglect, violence, sexual exploitation,accidental injury/death, bullying, discrimination, crime, anti-socialbehaviour. Have security, stability and are cared forParents, carers and families provide safe homes and stabilityEnjoy and achieveReady for, attend and enjoy school. Achieve stretching nationaleducational standards. Achieve personal and social development andenjoy recreationParents, carers and families support learningMake a positivecontributionEngage in decision making, law-abiding, positive and enterprisingbehaviour. Develop positive relationships, self-confidence andsuccessfully deal with significant life changes and challengesParents, carers and families promote positive behaviourAchieve economicwell-beingEngage in further education, employment or training on leavingschool. Live in decent homes and sustainable communities, haveaccess to transport and material goods, live in households free fromlow incomeParents, carers and families are supported to be economically activeSource: Every Child Matters: Change for Children, DfES 2004a: 901-Spray Jowett 4253 Ch-01.indd 918/10/2011 10:23:05 aM
10Social Work Practice with Children and FamiliesIn order to achieve these outcomes, in Every Child Matters: Next Steps (DfES2004b) the government announced its intention to focus on four main areas:Supporting parents and carers through information, advice and support provided byuniversal services and through targeted and specialist services for parents of childrenwho need them.Early intervention and effective protection to be achieved by establishing multiagency teams and co-locating services, improving information sharing, implementingthe Common Assessment Framework and the Lead Professional role.Accountability and integration by bringing together the commissioning of key services through Children’s Trusts and requiring local authorities to set up partnershiparrangements with a specific focus on Local Safeguarding Boards. Also by locatingnew leaders in the Director of Children’s Services and the Lead Elected Member andcreating a new national role for a Children’s Commissioner.Workforce reform by developing a pay and workforce strategy that addresses recruitment and retention issues within the children’s workforce as well as improving its skillsand abilities.By and large local authorities with social services responsibilities welcomedthe Green Paper, though concerns were immediately expressed aboutwhether resources were going to be made available to fulfil such an ambitiousagenda. Andrew Cozens, on behalf of the Association of Directors of SocialServices, pointed out:The vision in the Seebohm Report was a preventative one with universal accessat the point of need but it became diluted with scarce resources, focussed increasingly tightly on the relatively few with very high levels of need. Access to servicesbecame defined by eligibility criteria, so derided by the Victoria Climbié InquiryReport. (ADSS 2003: 6)Arguing that the resource requirements needed to be fully understood andthen met, Andrew Cozens asserted that:Broadening the constituent population that can have early access to preventativeservices has to be reflected in the resource base available to all key stakeholders inthe childcare sector. A step change of this kind should follow a national audit ofthe numbers of children who would benefit from specific and comprehensiveintervention at an early stage. ADSS has repeatedly highlighted the need for aWanless type review of social care to ascertain the range and scale of what isrequired and would again urge that such a review be conducted. (ADSS 2003: 6)The ADSS did not get its Wanless type review. The government did, however,press ahead to provide the legislative framework for its Every Child Matterschange agenda (DfES 2004a) for children’s services in England through the01-Spray Jowett 4253 Ch-01.indd 1018/10/2011 10:23:05 aM
Setting the scene11Children Act 2004. Its provisions aimed to promote integrated workingamongst professionals involved in supporting children through theestablishment of Children’s Services Authorities and Children’s Trusts andstatutory Local Safeguarding Children Boards. A more detailed description ofsome its key provisions can be found in the Legislation Glossary.The Every Child Matters initiative also led to the Care Matters White Paper(DfES 2007) and the Children and Young Persons Act of 2008. This aimed toensure that children and young people looked after within the public caresystem received high quality care and services, which are focused on andtailored to their needs. In particular the Act endeavoured to improve the stability of placements and the educational experience and attainment of youngpeople in local authority care or those about to leave care.What then has all this meant for social work practitioners? Within localauthority social work, this by and large has depended on local interpretationof the legislation and the finance available to implement the reforms, especially in relation to the integration of services. Most social workers, however,have experienced the separation of adult and children’s services. Those working with children and young people are now employed by Children’s ServicesAuthorities (CSAs) together with all those previously employed by the LocalEducation Authority (LEA).With the introduction of the CAF, based as it is on the AssessmentFramework, social workers have increasingly experienced a common language when talking to other professionals involved in supporting children.There has also been renewed enthusiasm for multi-agency working, withsome local authorities introducing virtual teams and others co-locating socialwork teams with other groups of professionals. Above all, listening to the‘voice of the child’ became a priority not just for practitioners but also formanagers, planners and councillors alike. At least that is what many involvedin the world of children and families’ social work believed until that particular bubble burst with the death of ‘Baby Peter’.The death of Peter Connelly (2007)On 3 August 2007 Peter Connelly, a 17-month-old toddler, later morewidely known as Baby Peter, was pronounced dead on his arrival at hospitalas a result of multiple injuries. On 11 November 2008 his mother’s partnerand his brother were found guilty of his murder. His mother pleaded guiltyto the same offence. At the time of his death, Peter was on HaringeyCouncil’s child protection register in the categories of physical abuse andneglect and was the subject of a multi-agency child protection plan. Peter01-Spray Jowett 4253 Ch-01.indd 1118/10/2011 10:23:05 aM
12Social Work Practice with Children and Familieshad suffered 50 injuries despite receiving 60 visits from social workers, doctors and police over the final eight months of his life. The second SeriousCase Review found that the interventions put into place as part of the childprotection plan were ‘insufficiently challenging to the parent [and] insufficiently focused on the children’s welfare’ (Haringey Local SafeguardingChildren Board 2009: 29). The fact that this was the same London boroughin which Victoria Climbié died served to symbolise the failure of localauthority social services departments to learn from the deaths of childrenknown to them.Peter’s death thus caused yet another crisis of confidence in social workand again the profession was put on the defensive. As part of its response thegovernment established the Social Work Tas
controversy both about welfare policy and the role of social workers in the lives of children, drawn up at a time of ‘New Right’ dominance (Packman and Jordan 1991), it was in fact a
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